Authorities

Conflicts, Cooperation, and Transnational Legal Theory

Nicole Roughan

Offers a new theory of 'relative authority' to explain relationships between overlapping and conflicting legitimate authorities

Argues for the integration of theories of legal/constitutional pluralism, general jurisprudence, and philosophical approaches to authority

Examines key relationships between authorities within the state, and in international or transnational law

Authorities

Conflicts, Cooperation, and Transnational Legal Theory

Nicole Roughan

Description

Interactions between state, international, transnational and intra-state law involve overlapping, and sometimes conflicting, claims to legitimate authority. These have led scholars to new theoretical explanations of sovereignty, constitutionalism, and legality, but there has been no close attention to authority itself. This book asks whether, and under what conditions, there can be multiple legitimate authorities with overlapping or conflicting domains. Can legitimate authority be shared between state, supra-state and non-state actors, and if so, how should they relate to one another?

Roughan argues that understanding authority in contemporary pluralist circumstances requires a new conception of relative authority, and a new theory of its legitimacy. The theory of relative authority treats the interdependence of authorities, and the relationships in which they are engaged, as critical to any assessment of their legitimacy. It offers a tool for evaluating inter-authority relationships prevalent in international, transnational, state and non-state constitutional practice, while suggesting significant revisions to the idea that law, in general or even by necessity, claims to have legitimate authority.

Authorities

Conflicts, Cooperation, and Transnational Legal Theory

Nicole Roughan

Author Information

Nicole Roughan, Associate Professor, National University of Singapore; Research Fellow, New Zealand Centre for Public Law

Nicole Roughan is an Associate Professor at the National University of Singapore, and a Research Fellow of the New Zealand Centre for Public Law. She was previously a Lecturer at the Faculty of Law, University of Cambridge, a Teaching Officer at Trinity College, Cambridge, and a Lecturer at Victoria University of Wellington's Faculty of Law.

Authorities

Conflicts, Cooperation, and Transnational Legal Theory

Nicole Roughan

Reviews and Awards

"...Roughans book is remarkably useful. For legal and political theorists, it is a wake-up all to do more than lip service to the complexities of the globalised world. For international and transnational jurists, it offers clear insights into the relevant legal and political philosophy." - Tom Theuns, Political Studies Review

"...it is clear that Roughans work occupies novel terrain within the project of practical philosophy. But Authorities is no mere stopgap. This is a carefully argued text that expounds upon previous currents of thought in a way that raises serious questions about the modern understanding of authority. It then suggests a manner of addressing these concerns that is both inventive and carefully worked out. As such, this book deserves our attention." - Matthew Grellette, Law and Philosophy

"It is an outstanding contribution to the philosophy of international law and should be at the top of the reading list of anyone interested in the authority of law within and beyond the state." - Professor Samantha Besson, Jurisprudence

"Nicole Roughan provides a densely argued, clear-headed, and deeply informed exploration of the concept of legal and political pluralism... Beyond presenting a novel account of authority, the first part of the book also provides an admirably clear presentation of dominant accounts of authority. What's more, Roughan's taxonomy of different authority relations and discussion of constitutional pluralism are useful for those looking for an entrance into the complex world of international jurisprudence." - Patrick Taylor Smith, Notre Dame Philosophical Reviews

"An impressive contribution to the field of authority and legal pluralism. The sheer clarity, detailed analysis, and abundant use of examples to support the author's views represent exemplary scholarship. The book is of great value to not only legal philosophers, but also to lawyers, political theorists, and sociologists with a taste for theoretical problems. Her engaging approach makes it an excellent starting point for anyone who is interested in this significant but difficult topic." - Veronica Rodriguez Blanco, Modern Law Review

"The world around us changes, and with it, the explanatory and normative value of received theoretical effort. To undertake the complex work of conceptual revision that is needed when an assessment of that serviceability comes up short is a difficult endeavour. But to regard received resources with a conciliatory eye when doing so, resisting the urge to simplify and polarise in favour of moments of contact, concession, and conjunction, is a particular kind of achievement. Nicole Roughan's accomplishment in Authorities is that she delivers on all of these things. Erudite, carefully-argued, and beautifully written, the book is a genuine pleasure to read." - Kristen Rundle, Australian Journal of Legal Philosophy